Commonwealth v. Barnes-Miller

Because the complainant had invoked her privilege under the Fifth Amendment to the United States Constitution against self-incrimination in response to questions put to her at a deposition conducted during divorce proceedings between the defendant and the defendant’s husband, the judge dismissed her complaint charging the defendant with making annoying telephone calls. See G. L. c. 269, § 14A. On the Commonwealth’s appeal, we reverse the order of dismissal.

1. The facts. The telephone calls which prompted the criminal complaint arose in the context of allegations that the defendant (the wife)…